media inquiry log 09-10-13

7/29/2019 Media Inquiry Log 09-10-13

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CITY OF CARMEL-BY-THE-SEACouncil Report

September 10, 2013To: Honorable Mayor and Members of the City CouncilFrom: Jason Stilwell, City AdministratorSubject: Media Inquiry Log

Recommendation(s): Receive and file the report on the Public Records and Media Request log.Executive Summary: At the August 6, 2013 City Council meeting, the City Council asked for a

copy of the City's media inquiry log which is attached. The log provides alisting of all Public Records Act requests and media inquiries the Cityreceived over approximately the last three months.

Analysis/Discussion: The City has received a sharp spike in Public Records Act requests andmedia inquiries in recent months. To manage the requests and helpassure that the City is responding in a timely manner and as required bylaw, staff is logging the inquiries and is utilizing a managed process toprovide complete and accurate responses. This process is analogous toprocesses used in other public agencies to manage workload whileworking toward compliance with legal requirements while providing thepublic with accurate information responsive to their requests.

Fiscal Impact: The increased volume has resulted in fiscal impacts. Staff time is beingdiverted from other required work to provide Public Records Act follow-up and responses. Staff is keeping an estimate of staff time diverted.Due to the volume of requests and the need to assure accuracy in legalcompliance, there are direct expenses fo r consultants to prepare andreview proposed responses to assure they meet the requirements andany exceptions of the California Public Records Act and other legal


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Previous CouncilAction/Decision History:

Requested information on the number of Public Records Act requests atthe August 6, 2013 City Council meeting.

Reviewed by :

City Administrator ~ City Attorney 0Asst. City Admin.Public Safety Dir

DD

Dir of CPBLibrary Dir

DD

Administrative Services DDir of Public SvcsOther

DD


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8/1/2013

7/31/2013

7/30/2013 8/9/2013

7/30/2013 18/9/2013

7/30/2013 8/10/2013

7/29/2013 18/8/2013

7/27/2013 T8/6/2013I

/26/2013 18/S/2013

7/23/2013 18/2/2013

7/23/2013 18/2/2013

Pine Cone-M Schley

Ecopies of the contract, checks and invoices regard ing the projectManager hired to do an inventory and use plan of city-owned facilities Available @ City

ny invoices Mark Alcock has subm itted to the city of paymen t sinceHall

8/22/2013Available@ City

HallRoyal Calkins at Monterey ICopies of any email exchanges between you (Stilwell) and Paul Mi ller 8/22/2013County Herald the Carmel Pine Cone since your arriva l in Ca rmelLaurie Dillard CC1300378 1Case Provided

ILeron Paterson IProvide readable (lighter) copies of Checks Nos . 126240 & 126410 8/2 and 8/12(pages 79 & 80). Availab le@

Ha ll :- ..... ' . ,.,.

W.M. Penn Annex-Ins ICA1300458 Auto. AccidentReport Provided

!Gerard McNearney lcG1000582 Arrest Repo rtProvided.

!susan Ngar CG1300359 I Anima l BiteReport Provided

.I eron Paterson I -copy of the contract between the Ci ty and West Coast Farm ers I PENDINGMarket Association fo r the weekly Famers Market at the north pa rking

Sunset Center.'I eron lc ity employment contract/agreement for the following: Jason Stilwell, I PENDINGHe idi Burch, Don Freeman, Steve Mclnhak, Rose Franzen, John Hanson;

and building inspections with Art Black and Tim Meroney. . : \- ....

IHoward Perling icA1300398 I Auto AccidentRepo rt ProvidedPage 2 of 11


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7/22/2013 8/1/2013 Johanna White CC1300384;CC1300328 Two - l-easesProvided

7/22/2013 8/1/2013 Lucinda Anderson CA1300397 Auto AccidentReport Provided

7/22/2013 18/1/2013 I eron Paterson ICity employment contract/agreement for the following: Sharon I PENDINGFriedrichsen, Susan Paul, Mike Zimmer, Daryl Betancur, and list of allcontracts, what they provided and with whom, and their costs as of

uly 2013 (a prior request by Mary Schley, April11, 2013).I .7/20/2013 17/31/2013 I eron Paterson I edacted Mark Alcock agr, lighter copies of checks #126240 & 126410 8/22/2013 cks

previously provided, PRA requests of Jerome Post & responses by J. available at CityStilwell Hall.

7/19/2013 Pine Cone-M. Schley Any new documents in the Simonelli vs. Carmel Case I 7/30/20137/15/2013 17/25/2013 I ine Con e-M. Schley jUCR reports for last 10 years; cases cleared for last 10 years I UCR&Clearances for

the past f ive7/15/2013 17/25/2013 l oan Vancas l cc1100444;CC0800607 I Two - l-eases

Provided

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7/14/2013

/12/2013 l7 22/2013 ILeron Paterson

PatersonI7/12/2013

lnvoice(s) request:l. 126385, 5/24/13 to KAH fo r 3689.50; 2. 125204,4/22/13 to KAH for 6123.53; 3. 126073, 3/20/13 to KAH for 5477.92;4. 125839, 2/5/13 and 125962, 2/26/13 t o KAH fo r a total of 15764.88;5. 126285, 5/18/13 to LCW for 4419.20; 6. 126101, 3/27/13 to LCW\for 1265.00; 7. 125965,2/26/13 to LCW fo r 682.00; 8. 125724,i /16/13 to LCW for 2962.00; 9. 126290, 5/8/13 to Chris Millard fo rj15934.27; 10. 126547, 6/5/13 to US Bank for 3269.36; 11. 126313,5/8/13 to US Bank for 5598.64; 12. 126013, 3/5/13 and 126093,3/20/13 to US Bank for a total of 12641.36; 13. 125753, 1/16/13 and1125816, 1/30/13 to US Bank for a total of 17980.09

E-copies of the following: contract, checks, and invoices and any an all 8/15/2013-related materials regarding the firm hired to handle the City of Carmel- Corresp.Iby-the-Sea request fo r proposals leasing of the historic Flanders , pending allMan sion ; and correspondence between the City and the firm regarding I other docsthe Carmel-by-the-Sea request fo r proposals leasing of the historic javailable @ CityFlanders Mansion. hall

ICity contract with Mark Alcock fo r $25,000, signed by City 7/19/2013 andAdministrator Jason Stilwell on 2/25/13; all requests for information 8/13 contractfrom reporters, editor, publisher and owner of the Carmel Pine Cone avail @ City Halland City responses between January 1, 2013 and the present. All!correspondence between reporters, editor, publisher and owner of the'carmel Pine Cone and City responses between January 1, 2013, and the

City 's Policy and Procedure Data Sheet. "Alcock provided me withCarmel's City Policy and Procedure Data Sheet and pointed out where it :,stated that city management had a right to access and monitorI mployee computers as needed and that the systems were restricted

ito city business. It stated that there was no expectation of privacy toiextend to work related conduct or to the use of city owned equipmentor supplies, that the information systems manager was to act underadministrative direction, and that the use of access codes of otheremployees to gain access to their e-mail and phone messages, or anycomputer account was prohibited except by management Mclnchak's\position was not considered a management position." Source: SearchWarrant Affidavit p. 6.

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/11/2013

7/10/2013

7/8/2013

7/1/2013

7/1/20313

6/28/2013

/22/2013 IPine Cone

7/22/2013 IPine Con e-M Schley

All requests for information from reporters, editor, publisher andowner of the Carmel Pine Cone and City responses between January 1,2013 and the present; all correspondence between reporters, editor,publisher and owner of the Carmel Pine Cone and City responsesbetween January 1, 2013 and the present.Who redacted paragraph 3B of the Alcock contract?; completeunredacted copies of all invoices from attorneys working for the Cityduring the last six months.Job Description and Pay Range for the IT Manager Position

7/18/2013 Kock/Profile Finders Il l Stale-dated/un -cashed checks information; 2) cashdeposits/performance bonds/cash securities/escrow information; 3)property tax overpayments/unclaimed tax lien certificate information.

7/11/2013 IPine Cone-M Schley

le ron Paterson

uminous request includes approximately 13 other similar requestall city departments (see submitted request).

me post's public records act request fo r documents related to therecruitment of an Administra tive Services Director; City Administra tor

Stilwell's response which includes the verbiage releasingrecruitment records like background checks and emails couldnegatively impact the city's ability to recruit future job candidates,"because of a concern that their in formation will not be maintainedconfidentially, which could be potentially embarrassing to an iindividual, both professionally and personally."

ecks and invoices for: 12540 Witman Enterprises, LLC; 126450 PublicConsulting Group; 126443 LCW ; 126433 Fasulo Investigations; 126427

r ~ ~ ~ ~ h CommunicationsE-copies of Agenda Item VII.K-Authorize approval of Auto/Mutual AidAPrPPmPnt with American Medical Response (AMR); Agenda Item Vll.l-

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7/22/2013

7/15/2013Provided job

description, stillworking on payrange

PENDING

7/29/2013

PENDING

7/1/2013


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/2013 7/3/2013 Brett Wales

6/24/2013

6/24/2013 7/5/2013 Leron Paterson

6/23/2013 17/3/2013 ILe ron Paterson

6/21/2013 17/1/2013 I eron Paterson

Fro m Mayor Burnett's computer: Pay scale all Police Officers, Pay scaleJohn Hanson, General Fund Revenues & Budget and e-mail from MollyLaughlin, Personal document involving staff medical procedure,Employee Performance Appraisal fo r Computer Te ch Rose Franzen, E-mail from City Manager Jason Stilwe ll that was sent to City Coun cilmembers. All of the above as referenced in Search Warrant Affidavit

rrant No. 7682, filed June 13, 2013, Superior Court of California,of Monterey.

CG1300148;CC1200613

E-copies of RFP submittals to the City fo r the Flanders Mansion andcorrespondence between the City and applicants

IE-copies of checks and invoices fo r the forensic examiner servicesprovided by Mark Alcock since he was retained by ASD Susan Paul on2/27/13.

ReportsProvided

PENDING

7/19/2013w/docs/LCW

17/19/13 w/docs(LCW)

I -copies of correspondence, including but not limited to emails, to and I 7/3/2013

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6/21/2013 ,7/1 / 2013 Paterson

6/13/2013 Pine Cone-M Schley

5/ 16/ 2013 5/ 26/2013 IPaterson

E-copies of the following: 1) IT Manager Steve Mc lnchak's jobdescription; 2) City policy document used to support assertions in thesearch warrant affidavit

E-copies of the follow ing documents concerning the Sunset Center: RFPsubmissions from the Monterey Symphony, Live Nation and SMG (theparties); correspondence from City Administrator Jason Stilwell to the 1:parties regarding the City "immediately suspend ing the RFP process"and any other correspondence from St ilwell to the parties;correspondence from the Monterey Symphony, Live Nation and SMG tothe "City," including City Administ rato r Jason Stilwell

IAwards & Certificates for Officer C. Johnson for the past ten years; OUIenforcement materials/manual utilized by CPO; & manuals fo r theEPAS and PAS devices used by CPO

Budget adjustments

informationprovided to therequestor at thetime of thescheduledhearingw/ involvedofficer6/13/2013(JS)

E-copies of Sunset Center's Quarterly Financial Reports fo r FY 2010/ 11, 16/1/2013FY 2011/12, and SCC Financial Repo rts fo r fi rst, second and thirdquarters of 2012/13 (Last three-year te rm of contract. I- Page 7of l l


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5/2/2013 15/12/2013 IPaterson

IIIPaul Melzter (Attorney)

An e-copy of the City's FY 2011-12 Dra ft Audited Financial Statements 15/13/2013

Simonelli v. Carmel-by-the-Sea, Case No. 3:2013cv01250, Filed, march \5/7/201320, 2013, California Northern District Court, Presiding Judge Laurel

Sales or attempted sales of items related to a Ruby Angela Gouker, AKA Declaration of1Ruby Mendez and Modesto Alanis Jr. J Response

\completed. Noinformation on

For the following checks from the City's February 2013 check register,copies of canceled checks, invoices an any and all other materialsrelated to the City's fiduciary obligation to cit izens to account fo rtaxpayer money expenditures. 125839 (2/ 5/ 13) for $775.00; $470.00;$5,277.98; 125962 (2/26/13) fo r $8,771.40; $470.00; all for Kennedy,Archer & Array for professional services. 125894 (2/15/ 13) for

l$9,061.45 Monte rey Bay Planning Services; 125851 (2/5/2013) fo rl$1 ,150.00 Perry & Freeman Law Of fices; 125854 (2/5/ 13) for $5,950.00Professional Services.

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INumber of violations-cites issued for CVC 27803; number of "Notice to,correct" forms fo r eve 27803; number of citations issued for eve sent27802 in 2011; any motorcycle recall notices sent to the department;any laboratory test results involving helmets with non-complianceissues; number of alleged motorcycles violations written as a "Notice ofViolation" and subsequently amended as a "Notice to Correct" under

I' ve 40303.5; any documents explaining policy for determining thelegal status of a motorcycle helmet, correctable nature of helmetviolations, probable cause for helmet citations, and any policy changesrelating to helmet violations for 2011 or 2012.

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9/29/2012 10/9/2012 Paterson Please itemize the following checks from the City's Sep tember 20121check register: 124990 (9/11/12) for $8,850.00 fo r Avery & Associates1124990 (9/11/12) fo r $1,410.96 fo r Avery & Associates; 125114!(9/25/12) for$ 87.50 fo r Kennedy, Archer and Ha rray for ProfessionalServices; 125114 (9/25/12) fo r 399.50 Ken nedy, Archer & Harray for

1profess ional services and $117 SO or Professional Services; 125027(9/11/12) for $4,625,65 fo r Perry & Freeman Law Office for

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media inquiry log 09-10-13

Documents